| Which was established on May1,2011of the criminal law amendment (eight) to modifystir-up-trouble crime provisions, but failed to make stir-up-trouble crime on the clarity of theidentified problems improved. From the function of social regulation of criminal law,stir-up-trouble crime exists is indispensable, is a kind of supplementary charges. Therefore, weshould explore stir-up-trouble crime in the background of the existing laws, to solve difficultproblems in stir-up-trouble that provide effective reference.The text of this article includes three parts:The first part is to explore stir-up-trouble crime legislation origin and origin, and then cameup from concept to understand what is creating disturbances and the track of development of thestir-up-trouble crime under the background of the combination of creating disturbance oflegislative purpose and legislative statusquo, for behind the article solve the problem of thecognizance of troublemakers to lay a theoretical basis.The second part analyzed the four constitutions of the stir-up-trouble crime,includedsubject, object, subjective aspects of ideas,and analysis why it is difficulty to identify it from theobjective behavior pattern and subjective attitude.The third part aims to analysis stir-up-trouble crime problems in practicaloperation,especially stir-up-trouble crime is the nature of the supplementary charges, and insome crime behaviors are similar in practice on the processing of specific cases difficult toclearly distinguish with other crimes. The third part will be combined with the current researchresults and some local judicial application advice, recommendations to distinguish stir-up-troublecrime and other crime. |
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